Operating under the influence, or OUI, is a serious charge in Maine, and requires fast, expert legal advice. Drunk driving defense is a highly specialized law practice, and shouldn’t be entrusted to an amateur. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have developed proven legal strategies and can fight an OUI charge anywhere in Maine.

Driving under the influence is defined in Maine as occurring when a person's mental of physical facilities are impaired to the slightest degree as the result of consuming alcohol. A chemical test showing a blood alcohol content (BAC) of .08 percent or greater, or refusal to take the breath or blood test, will be used as evidence in a Maine drunk driving prosecution.

An OUI arrest in Maine triggers two separate cases – in court, and at the Bureau of Motor Vehicles. The court case can result in jail time, fines, mandatory alcohol education programs, license suspensions, and requirements for ignition interlock devices. The BMV case can result in the suspension of the driver’s license.

Anyone arrested for OUI in Maine will receive a notice of suspension from the Maine Bureau of Motor Vehicles two to three weeks after arrest. The driver has only 10 days to appeal the BMV suspension of the license.

Maine has a 10-year "washout" period for OUI cases, meaning that if a prior offense is more than 10 years old, it will not count as a prior conviction for purposes of Maine's OUI laws.

All fines have substantial penalty assessments that significantly increase the amount that must be paid. Some judges routinely exceed these minimum sentences.

A first offense drunk driving conviction, with no aggravating circumstances, carries a mandatory minimum penalty of 90 days license suspension and a $500 fine. The driver cannot obtain a restricted license for the first 60 days. The maximum penalties for a first offense OUI is 364 days in jail, a $2,000 fine, a 90-day suspension and one year of probation.

Aggravating circumstances, including a BAC of .15 percent or greater, a passenger under 21 years of age, exceeding the speed limit by 30 mph or more, or attempting to elude the police, carry a mandatory 48-hour jail sentence. A driver who refuses to take a breath or blood test faces a minimum sentence of 96 hours in jail, a $600 fine and a 90-day suspension. If the defendant is under the age of 21, the minimum suspension is one year.

A driver convicted of a second offense faces a minimum of seven days in jail or twelve days for a chemical test refusal, a $700 to $900 fine, and an 18-month license suspension with no opportunity for a restricted license. If the defendant is under the age of 21, the minimum suspension is two years. Under Maine law, the driver also loses the right to register a vehicle during the suspension. In addition, the judge can order mandatory drug or alcohol treatment.

A third offense carries a minimum thirty-day jail sentence, or forty days for a chemical test refusal, a $1,100 to $1,400 fine, and a four-year license suspension with no opportunity for a restricted license. In addition, the judge can order drug or alcohol treatment at his or her discretion. The maximum sentence is five years in jail, a $5,000 fine, a four-year suspension and two years of probation.

A fourth offense or subsequent offense carries a minimum sentence of six months in jail with an additional 20 days for a chemical test refusal, a $2,100 to $2,500 fine, and a six-year license suspension. In addition, the judge can order drug or alcohol treatment at his or her discretion. The maximum sentence is five years in jail, a $5,000 fine, a six-year suspension and two years of probation.

In OUI cases where the driver causes serious bodily injury or death or has a prior conviction for a felony OUI or OUI homicide, the offense will be charged as a felony. This offense carries a minimum sentence of six months in jail, a $2,100 to $2,500 fine, and a six-year license suspension. In addition, the judge can order drug or alcohol treatment at his or her discretion. The maximum penalty is five years in jail, a $5,000 fine, a six-year suspension and two years of probation.

If the driver has a passenger under the age of 21 in the vehicle at the time of arrest, he or she faces an additional 275-day license suspension in addition to the minimum jail, fine and suspension penalties described above. If the defendant is under the age of 21, there is an additional suspension of 180 days.

In addition to the court case triggered by a Maine drunk driving arrest, the Bureau of Motor Vehicles (BMV) also will attempt to suspend the driver’s license, even if he or she is found not guilty in court. The suspension periods are the same as for the court suspensions listed above. Drivers who refuse a chemical test can lose their licenses for up to six years, with 275 days suspension being the penalty for a first refusal. This suspension runs concurrently with any suspension imposed for the conviction and consecutively with any refusal suspension.

OUI is a serious offense with substantial penalties, so it’s critical to have top-notch legal representation. The skilled local attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have the experience needed to aggressively fight a drunk driving charge anywhere in the state and ensure that the driver’s rights are protected.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.